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… Submitted June 17, 2020 – Decided July 21, 2020 Before Judges Koblitz and Gilson. On appeal from the Superior … I: THE STATE FAILED TO MEET ITS BURDEN OF ESTABLISHING A COMPELLING EXIGENCY OR EMERGENCY SUFFICIENT TO JUSTIFY … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the …
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… Submitted October 20, 2020 – Decided Before Judges Gilson and Moynihan. On appeal from the Superior … New York.1 He pleaded guilty to second-degree conspiracy to commit theft (count one), second-degree conspiracy to … advised him to plead guilty, defendant cites to a newspaper article reporting Tadjiev "pleaded guilty to three …
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… ALBERT UJUETA, d/b/a BUSINESS EXCHANGE ENTERPRISES, SMS NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … . . [A]s our courts have recognized, "motion practice must come to an end at some point, and if repetitive bites at the … of the Notice of Intent to Foreclose or the foreclosure complaint because he did not live at the address where …
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… Submitted November 9, 2020 – Decided Before Judges Hoffman and Suter. On appeal from the New Jersey … of a hearing officer to impose disciplinary sanctions for committing prohibited act *.011, possession or exhibition of … security threat group "means a group of inmates possessing common characteristics, interests and goals which serve to …
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… Submitted January 4, 2021 – Decided Before Judges Fasciale and Mayer. On appeal from the Superior … improperly bolstered by its expert witness; "the prosecutor committed misconduct in vouching for the credibility of a … on White I, the PCR judge determined any inappropriate comments regarding the credibility of a testifying co- …
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… Submitted November 18, 2020 – Decided Before Judges Alvarez and Geiger. On appeal from the Superior … eligible, but legally ineligible as a danger to the community. After the Drug 3 A-0116-19T1 Court's initial … and the pending charges established he was a danger to the community if sentenced to Drug Court. The judge then …
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… Submitted February 9, 2021 – Decided February 26, 2021 Before Judges Fisher and Gilson. On appeal from the Superior … leave but would sign the document understanding it would be completed in his absence. The next day, defendant discharged his attorney and refused to complete the transaction. With that, plaintiff demanded that …
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… Submitted January 19, 2021 – Decided Before Judges Messano and Hoffman. On appeal from the Superior … Indictment No. 17-10-2846. Joseph S. Scura, attorney for appellant. Theodore N. Stephens II, Acting Essex County Prosecutor, attorney for respondent (Hannah F. Kurt, Special Deputy Attorney …
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… Submitted April 13, 2021 – Decided May 19, 2021 Before Judges Gilson and Moynihan. On appeal from the Superior … seized during the execution of the search warrant and to compel the disclosure of the CI's identity. The trial court … hearing in the trial court. Instead, defendant moved to compel the disclosure of the CI's identity. We generally …
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… Submitted May 17, 2021 – Decided May 28, 2021 Before Judges Fasciale and Mayer. On appeal from the Superior … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so … namely a projectile found inside a wood beam. Defendant points to no additional evidence outside of this record …
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… Submitted May 10, 2021 – Decided May 25, 2021 Before Judges Fasciale and Mayer. On appeal from the Superior … 14-04- 0336. Joseph E. Krakora, Public Defender, attorney for appellant (Karen A. Lodeserto, Designated Counsel, on … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
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… Submitted January 10, 2022 – Decided January 31, 2022 Before Judges Sabatino and Rothstadt. On appeal from the … N.J.S.A. 2C:44-1(b)(14) (applicable to offenders who commit crimes when under the age of twenty-six), a provision … in this case. We have duly considered defendant's other points and sub-points, and they have insufficient merit to …
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… Argued May 5, 2022 – Decided May 18, 2022 Before Judges Haas and Mitterhoff. On appeal from the Superior … job "to determine if [d]efendant . . . was negligent in complying with that duty." On June 4, 2021, the jury … plaintiff must support each of the four elements with "some competent proof." Davis v. Brickman Landscaping, Ltd., 219 …
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… Submitted December 13, 2022 – Decided February 16, 2023 Before Judges Susswein and Fisher. NOT FOR PUBLICATION WITHOUT … temporary restraining order (TRO) against her.2 The cross-complaints were tried together in a single hearing before … The judge rendered an oral decision, concluding that C.R. committed the predicate act of assault and that an immediate …
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… Argued November 13, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court … in my life." Defendant asked that a police supervisor come to the scene, and defendant later went to the police station to file a complaint against Officer Stewart. However, defendant never …
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… NO. A-3732-16T4 U.S. BANK NATIONAL ASSOCIATION, as Trustee for the LXS 2005-9N, Plaintiff-Respondent, v. STANLEY F. … failed to cure the default, U.S. Bank filed a foreclosure complaint on June 12, 2012, resulting in the entry of … Fenner cross-moved for summary judgment dismissal of the complaint. On 3 A-3732-16T4 September 20, 2013, after oral …
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… Submitted October 10, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … his attorney pursued a "bizarre" trial strategy; did not communicate with him about the strategy before trial; and … gave him cash to purchase guns, a task defendant never completed. Notably, defendant was not charged with …
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… Submitted June 4, 2018 – Decided Before Judges Sabatino and Firko. On appeal from Superior … of voluntary intoxication. We rejected both of those points. State v. Adams, No. A-0727-11, slip op. at 5-11. In … 14, 2017 oral opinion. We only add a few amplifying comments. We fully agree with Judge Rosero that the victim's …
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… Submitted May 16, 2018 – Decided June 6, 2018 Before Judges Koblitz and Suter. On appeal from Superior Court … No. 10-01-0022. Wilentz, Goldman and Spitzer, PA, attorneys for appellant (Darren M. Gelber, of counsel and on the … mind." Defendant claimed that the victim wanted to commit suicide due to her addiction and he killed her …
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… Submitted April 19, 2018 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … July 8, 2016 order dismissing his legal malpractice complaint against defendant for failure to file an affidavit … sustained in jail. Plaintiff also filed a legal malpractice complaint against defendant in the district court. That …